You ask whether certain information is subject to required public disclosure under
chapter 552 of the Government Code. Your request was assigned ID# 137380.

The City of Leander Police Department (the "department") received a request for all incident
reports related to a particular address. You indicate that you have already released to the
requestor the "information as required in Open Records Decision No. 127."(1) You claim that
"Attachment C," the information you have submitted for our review, is excepted from
disclosure under section 552.108(a)(1) of the Government Code. We have considered the
exception you claim and have reviewed the submitted information.

We note that certain documents you have submitted are excepted from disclosure under
section 552.101 of the Government Code, which protects "information considered to be
confidential by law, either constitutional, statutory, or by judicial decision. Section 552.101
encompasses information made confidential by statute. Section 58.007(c) of the Family
Code makes confidential juvenile law enforcement records relating to conduct that occurred
on or after September 1, 1997. The relevant language of section 58.007(c), as amended by
the Seventy-sixth Legislature, reads as follows:

(C) Except as provided by Subsection (d), law enforcement records and files
concerning a child and information stored, by electronic means or otherwise,
concerning the child from which a record or file could be generated may not
be disclosed to the public and shall be:

(1) if maintained on paper or microfilm, kept separate from
adult files and records;

(2) if maintained electronically in the same computer system
as records or files relating to adults, be accessible under
controls that are separate and distinct from controls to access
electronic data concerning adults; and

(3) maintained on a local basis only and not sent to a central
state or federal depository, except as provided by
Subchapter B.

It does not appear that any of the exceptions in section 58.007 apply. Thus, we have marked
certain documents which you must withhold from disclosure in their entirety pursuant to
section 58.007 of the Family Code.

Section 552.101 of the Government Code also protects information coming within the
common law right to privacy. Industrial Found. of the South v. Texas Indus. Accident Bd.,
540 S.W.2d 668 (Tex. 1976), cert. denied, 430 U.S. 931 (1977). Common law privacy
protects information if it is highly intimate or embarrassing, such that its release would be
highly objectionable to a reasonable person, and it is of no legitimate concern to the public.
Id. at 683-85.

In Industrial Foundation, the Texas Supreme Court considered intimate and embarrassing
information that relates to sexual assault, pregnancy, mental or physical abuse in the
workplace, illegitimate children, psychiatric treatment of mental disorders, attempted suicide,
and injuries to sexual organs. 540 S.W.2d at 683. This office has also determined that
common law privacy protects the following information: the kinds of prescription drugs a
person is taking, Open Records Decision No. 455 (1987); the results of mandatory urine
testing, id.; illnesses, operations, and physical handicaps of applicants, id.; the fact that a person attempted suicide, Open Records Decision No. 422 (1984); the names of parents of
victims of sudden infant death syndrome, Attorney General Opinion JM-81; and information
regarding drug overdoses, acute alcohol intoxication, obstetrical/gynecological illnesses,
convulsions/seizures, or emotional/mental distress. Open Records Decision No. 343 (1982).

Upon review of the information at issue, we have marked information that must be withheld
from disclosure under section 552.101 in conjunction with the common law right to privacy.
You must release the remaining information contained in the marked incident report to the
requestor.

As for the remaining submitted information, we now address your assertion that the
information is excepted from disclosure pursuant to section 552.108 of the Government
Code. Section 552.108 states that information held by a law enforcement agency or
prosecutor that deals with the detection, investigation, or prosecution of crime is excepted
from required public disclosure "if release of the information would interfere with the
detection, investigation, or prosecution of crime." Gov't Code § 552.108(a)(1). You inform
us that the information you have submitted as "Attachment C" pertains to pending
investigations. Having carefully reviewed the remaining information, we believe that the
information consists wholly of "basic information about an arrested person, an arrest, or a
crime," which is not excepted from required public disclosure. Gov't Code § 552.108(c).
The department must release all of the remaining information to the requestor.

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full
benefit of such an appeal, the governmental body must file suit within 10 calendar days.
Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling.
Id. § 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney.
Id. § 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,411 (Tex. App.--Austin 1992, no writ).

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.

1. See Gov't Code § 552.108(c); see generally Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976). You have provided this office with marked documents which you have already released to the requestor in accordance with Houston Chronicle. See also Open Records Decision No. 127 (1976). However, it appears that you have not included in your release to the requestor a detailed description of the offenses. Id. You must release all basic information to the requestor.